Compliance Policy: Right to Know Law

Introduction

On June 29, 2002, the General Assembly amended the Pennsylvania Right to Know Law to clarify the rights of citizens to examine, inspect, and reproduce certain public records held by Commonwealth agencies, and to further define the right to appeal a denial of access, as well as sanctions associated with violation of the law by public officers and employees. Amendments effected December 26, 2002, do not change the definition of what constitutes a public record.

Lock Haven University of Pennsylvania's policy on Right to Know shall be the Commonwealth's Management Directive 205.36 (November 27, 2002), except where clarified by the following:

1.      Requests

a.   All requests for public records must be in writing.  Electronic submissions other than facsimile, e.g. e-mail, are not permitted.  The request must include the name and address to which the University's response should be forwarded and the specific records being requested.

b.   The University will not respond to anonymous requests.

c.      The written request does not need to include the reason for the request; however, the University may inquire as to the reason to help identify the records of actual relevance to the requester.

2.      Designated offices and personnel

a.   The Office of the Vice President for Finance, Administration and Technology shall receive all requests for public records.  Upon receiving a request, the Vice President for Finance, Administration and Technology shall direct it to the appropriate campus employee(s), track the University's progress in compiling the information, and prepare a response to the requester. 

Requests must be addressed to the following:

Vice President for Finance, Administration and Technology Right-to-Know Officer
Lock Haven University of Pennsylvania
303 Sullivan Hall
Lock Haven, PA 17745

b.   The Office of the Vice President for Finance, Administration and Technology shall date-stamp all requests, create an official file, and note to whom the request will be forwarded.  In-person requests shall be accepted from 8:00 a.m. - 4:00 p.m. on weekdays when the University is open for business.

3.   Designated exception officer

The Vice President for Student Affairs is designated as the Exceptions Officer to hear exceptions/appeals from individuals whose requests are denied.  Such exceptions must be filed within fifteen (15) business days of the mailing date of the University's denial or deemed denial.

Appeals and exceptions must be addressed to the following:

Vice President for Student Affairs
Right-to-Know Exception Officer
Lock Haven University of Pennsylvania
311 Sullivan Hall
Lock Haven, PA 17745

4.      Time for initial response

Responses to written requests for access to public records must be made within ten (10) business days from the date that the request is received by the designated officer.  Failure to respond within this ten-day period will be deemed a denial of the request.

5.      Thirty-day extension 

The University may send a notice that the request is being reviewed, the reason for review, and a reasonable date that a response will be provided, preferably within 30 days.  Extensions beyond the 30-day limit may be deemed a denial.  An extension may be for one of six reasons; 1) need for redaction, 2) retrieval from remote site, 3) bona fide staffing limitations, 4) legal review of status as public records, 5) requester has not complied with agency policy, or 6) requester refuses to pay applicable fees authorized by § 7 of the Act.

If the University response is a denial, it shall be in writing and include a description of the record requested, the specific reason(s) for the denial, the name, title, business address, phone number, and signature of the public official on whose authority the denial is issued, the date of the response, and the procedure to appeal the denial of access as set forth under the Act.

A requester may file exceptions to the denial with the designated exception officer within fifteen (15) business days of the mailing date noted above, or with fifteen (15) days of a deemed denial.  The exception officer shall make a final determination within thirty (30) days of the mailing date of the exception.  The University is not required to conduct a hearing.

6.      Fees and charges

Copies of records to be provided to the requester shall be made by University staff and shall be charged at the rate of 25¢ per page copied.  Other fees including postage shall be paid by the requester.

7.  A copy of the Right to Know Law Policy is available for review in the Office of the Vice President for Finance, Administration and Technology, 303 Sullivan Hall. 

Note:  Amended 2/07 per US Court of Appeals Ruling.   “State System Universities may not deny an otherwise proper request for public records based on the citizenship or residency of the requester.”  Jeffrey Cooper, PASSHE Chief Counsel.